CITY OF MISSOULA v. MIX

No. 8921.

214 P.2d 212 (1950)

CITY OF MISSOULA v. MIX.

Supreme Court of Montana.

Decided January 10, 1950.

Amended January 19, 1950.


Attorney(s) appearing for the Case

Mr. Ralph J. Anderson and Mr. Albert C. Angstman, both of Helena, and Mr. Merritt N. Warden, Kalispell, for appellant. Mr. Anderson and Mr. Warden argued orally.

Mr. Fred W. Schilling, Missoula, for respondent. Mr. Schilling argued the cause orally.


BOTTOMLY, Justice.

Action by city of Missoula, a municipal corporation, against David F. Mix, for a judgment as to the extent of defendant's easement over and upon certain lands of the plaintiff, wherein defendant cross-complained. From an adverse judgment defendant appeals. Plaintiff apeals from a certain part of said judgment.

The undisputed facts are as follows: The defendant David F. Mix, on July 7, 1947, and prior thereto, was the owner of, in possession...

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